What happens at your first immigration court hearing

This page is about your first hearing. It is general information, not legal advice. For the full path of a case, see How the deportation process works.

What is a first hearing?

It is called a master calendar hearing (EOIR Practice Manual 4.15). The judge sees many people, one after another, often in the same morning. Each person's turn can be only a few minutes. You will not tell your whole story at this hearing. That comes later, at your final hearing.

Who is there:

• The immigration judge, who runs the hearing and decides your case
• A government lawyer from ICE, who argues for deportation
• An interpreter, if you need one
• Your lawyer or accredited representative, if you have one
• Other people waiting for their own cases

Short does not mean small. The judge can make big decisions even at a first hearing, so prepare and try to have legal help.

What will the judge do?

At most first hearings, the judge will:

1. Explain your rights. You can have a lawyer, but the government does not pay for one (8 U.S.C. 1229a(b)(4)). The judge will make sure you have a list of free legal services and tell you about your right to appeal.
2. Explain the charges in plain words, from your Notice to Appear.
3. Ask you to answer them. You will be asked to admit or deny each fact (allegation) and each charge, and whether you got the Notice.
4. Ask about a country. The judge asks which country you would be sent to if ordered deported.
5. Ask what you plan to apply for, such as asylum, and set deadlines to file.
6. Set your next hearing and warn you about what happens if you miss it.

If you have a lawyer, much of this may be done for you. If you do not, you can ask for time before you answer.

Can I ask for more time to find a lawyer?

Yes. You can tell the judge you want time to find a lawyer. The judge can move your case to a later date. At your next hearing, the judge may ask what you did to find one, so keep notes of who you called and when. If you still have no lawyer, the judge may go ahead.

You can also choose to go on without a lawyer. That is your right, but immigration law is hard. Use the time to call the groups in Who can help?

Will there be an interpreter?

Yes, if you need one. The court provides it. Tell the judge your best language, and your dialect if you have one, as soon as your case is called. If you do not understand the interpreter, say so right away.

What if the government lawyer asks to end my case?

Since 2025, government lawyers have sometimes asked judges at early hearings to dismiss a court case (AILA practice alert). Since a federal appeals court decision on June 23, 2026 (Make the Road New York v. Mullin), fast deportation without a judge can be used anywhere in the country, for people who cannot show two years here. The challengers asked the full court to rehear the case on July 27, 2026; as of October 21, 2026 no ruling has been reported. Ending the court case can let ICE try a fast deportation without a judge instead. See Can I be deported without seeing a judge?

If this happens, you can tell the judge you do not agree and that you want time to talk to a lawyer. Ask a lawyer before your hearing what to say in your situation.

What should I bring?

• Your Notice to Appear and any hearing notice from the court
• A photo ID, if you have one
• Any immigration papers you have, like past applications, approvals or denials
• Any court or police papers
• Your list of legal services you called, with dates
• A pen and paper

Bring copies, and keep originals safe unless your lawyer tells you to bring them.

How do I find my court if I live outside the Bay Area?

Your hearing notice names the court and the address. Look up that court on EOIR's court list for its phone, hours and security rules, and check your hearing on Automated Case Information a few days before. If you moved to a new state, tell the court on Form EOIR-33/IC within 5 working days. Your case does not move just because you did. Only the judge can move it to another court, when someone files a motion and shows good cause (8 CFR 1003.20). Ask a lawyer before you file one.

Bay Area immigration courts: where they are and what to expect

What changed in 2026. The San Francisco Immigration Court at 100 Montgomery Street stopped holding hearings on May 1, 2026, and the San Francisco court closed for good on September 4, 2026. Its cases moved to the Concord Immigration Court. The court said it would mail new hearing notices to everyone whose case moved. Its Sansome Street site in San Francisco became a hearing location run by the Concord court, and some hearings are held remotely (EOIR notice, May 1, 2026). Your hearing notice tells you where to go. Always check the case information site before you leave home.

At the Concord court (EOIR Concord page, updated October 8, 2026):

• Public hours are 8 a.m. to 4:30 p.m. The filing window is on the 8th floor, 8 a.m. to 4 p.m.
• Parking is free in the building's parking garage, which you can reach from Clayton Road.
• Everyone goes through a metal detector. You may have to take off your shoes.
• No food or drinks unless the judge allows it.
• No cameras or recording in the courtroom or court offices.

Hearings online. Some hearings happen online through Webex. If you do not have a lawyer, your hearing is in person unless the court tells you otherwise. If you are not sure, call the court.

Plan your trip. Concord is a long ride from East Palo Alto. Leave early and give yourself time for security. If you will be late, keep going and call a lawyer.

Can ICE arrest me at court?

Federal judges in 2026 struck down the 2025 policies that allowed wide arrests at immigration courts: in San Jose on June 23, 2026 (Pablo Sequen v. Albarran order), and nationwide in New York on September 30, 2026 (African Communities Together v. Lyons, per the ACLU, counsel in the case). The older limits are back. The government may appeal, and arrests can still happen. See Do I have to go to immigration court? Bring a trusted adult, and make a family preparedness plan before your date.

What happens after the first hearing?

• You get a next date. It may be another short hearing, or a deadline to file your application.
• You file your application by the judge's deadline. For asylum, that is Form I-589 with the $100 fee paid through the EOIR Payment Portal. See New immigration court and asylum fees in 2026.
• Your final hearing comes later, on a date the judge sets. That is when you tell your story, bring witnesses and evidence, and the judge decides.
• If the judge orders you removed, you have 30 days for the Board to receive an appeal. See How to appeal.

What does a first hearing look like?

This example is made up to show the steps. It is not a real person.

Rosa's notice says 8:30 a.m. in Concord. She checks the case information line two days before, and the date is the same. She leaves East Palo Alto at 6 a.m. with her brother, her Notice to Appear and a list of three clinics she called. In the courtroom she waits with about twenty other people. When her name is called, she tells the judge her best language is Spanish. The interpreter joins. Rosa says, "Your Honor, I need more time to find a lawyer." The judge gives her a new date in a few months and tells her to bring proof of her efforts. Before she leaves, she writes the new date, time and place on her checklist.

Who can help?

These are free or low cost nonprofits and public offices. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

For San Mateo and Santa Clara County residents:

• Community Legal Services in East Palo Alto (CLSEPA): 650-326-6440. Deportation defense for people with low income. Walk in Monday to Friday, 9 a.m. to 1 p.m., 1861 Bay Road, East Palo Alto.
• Asian Law Alliance (San Jose): (408) 287-9710
• Catholic Charities of Santa Clara County: (408) 468-0100
• Catholic Charities San Francisco, immigration services (serves San Mateo County): (650) 285-6451

Anywhere in the United States:

• Free lawyers for your court: DOJ List of Pro Bono Legal Service Providers. Bay Area cases are in the Concord section.
• EOIR's own guide: Immigration Court Online Resource explains hearings and how to prepare.

More choices are on Free or low cost immigration legal help and Can I get a free lawyer for immigration court?

Is there a checklist I can print?

Yes. Print it and bring it with you.

You do not have to have every answer at your first hearing. You only have to show up, listen, and ask for what you need.